Md. Code Regs. 07.02.07.06

Current through Register Vol. 51, No. 9, May 3, 2024

Section 07.02.07.06 - Initial Response to a Report of Suspected Child Abuse or Neglect

A. The local department shall attempt to obtain from a reporting source the information set forth in Regulation .04F of this chapter.

B. The local department shall enter identifying information into the centralized confidential database and, as appropriate, add to or correct information already entered.

C. The local department shall use the centralized confidential database, CIS, other appropriate databases, and available case records to obtain information concerning the alleged maltreator, alleged victim, the alleged victim's caregiver, household or family members of the alleged victim, and other individuals as appropriate.

D. If a local department determines that, due to the identity of the alleged maltreator as a local department employee, immediate family member of an employee, or other individual with substantial ties to the local department, the local department's objectivity in providing a CPS response might reasonably be questioned or that extra security measures are warranted to protect the individual's privacy, the local department shall:

(1) Take appropriate steps to restrict access to the report and CPS response; and

(2) When appropriate because of possible bias or appearance of bias:

(a) Request that another local department conduct the CPS response and recommend a finding or service plan; and

(b) If necessary, contact the Administration to request its intervention.

E. Report of Child Fatality. If a report of suspected child abuse or neglect involves a child fatality:

(1) The local department shall contact the Administration immediately to:

(a) Provide information concerning the incident; and

(b) Discuss the local department's plan for completing the investigation and responding to any inquiries made pursuant to Human Services Article, § 1-203, Annotated Code of Maryland; and

(2) The Administration shall promptly notify the State Fatality Review Team.

F. Report Concerning Child Care. If a report of suspected child abuse or neglect concerns a child care center or family day care home, the local department shall:

(1) Promptly notify the Office of Child Care's regional manager; and

(2) If the report is accepted for a CPS response, respond in accordance with procedures agreed upon by the local department and the Office of Child Care.

G. Report Concerning Out-of-Home Placement. If a report of suspected child abuse or neglect concerns a child in an out-of-home placement, the local department shall:

(1) Notify the Administration;

(2) In the case of an out-of-home placement licensed by a child placement agency, notify the child placement agency;

(3) In the case of an out-of-home placement licensed by a local department:

(a) Notify:

(i) The caseworker for the alleged victim;

(ii) The caseworker for the out-of-home placement; and

(iii) If the alleged maltreator is a child in the out-of-home placement, the worker for the alleged maltreator; and

(b) Coordinate the CPS response with the caseworker for the out-of-home placement and the alleged victim; and

(4) Exchange information with the Administration, caseworkers, and a child placement agency regarding:

(a) Actions taken regarding the out-of-home placement or children in the out-of-home placement;

(b) Information having a bearing on the safety of children in the out-of-home placement; and

(c) The disposition of the child abuse or neglect investigation.

H. If a report of suspected child abuse or neglect concerns an adult who is believed to have been abused or neglected as a child, the local department shall:

(1) Determine if the alleged maltreator:

(a) Is currently the parent of a child;

(b) Has permanent or temporary care, custody, or responsibility for supervision of a child;

(c) Is a household or family member of a child; or

(d) Is an authority figure to a child;

(2) Assess whether children are at risk of child abuse or neglect by the alleged maltreator; and

(3) After assessing the extent of the child abuse or neglect, how recently the child abuse or neglect occurred, the risk to other children, and the identity of the alleged maltreator, determine whether to conduct a CPS response.

I. If appropriate, the local department shall request information from a provider of health care, including mental health care or substance abuse treatment, regarding a child or adult being assessed or served in connection with a reported incident of suspected child abuse or neglect.

J. CPS Responses Across Jurisdictional Lines in Maryland.

(1) Investigations.

(a) Except as provided in §J(1)(d) of this regulation, if the alleged child abuse or neglect occurred in a jurisdiction other than where the alleged victim or maltreator lives, the local department where the alleged child abuse or neglect occurred is responsible for the investigation.

(b) The local department responsible for the investigation shall:

(i) Coordinate activity of involved law enforcement agencies and local departments;

(ii) Immediately notify the local department in the jurisdiction where the alleged victim or maltreator resides;

(iii) Forward the results of interviews conducted in other jurisdictions to the State's Attorney's office and the local law enforcement agency; and

(iv) Make the finding.

(c) The local department where the alleged victim or alleged maltreator lives shall:

(i) See an alleged victim living in that jurisdiction within the mandated time frame under Regulations .08 and .15 of this chapter and conduct any requested interview of the alleged victim or family;

(ii) Assess the service needs of an alleged victim and family living in that jurisdiction, including the alleged victim's need for protection from further child abuse or neglect;

(iii) Initiate any court action necessary to protect the alleged victim or other children in the care of the alleged maltreator who are at risk of child abuse or neglect;

(iv) When requested, interview the alleged maltreator;

(v) Forward the results of interviews, including recordings of interviews, to the local department where the child abuse or neglect is alleged to have occurred;

(vi) Forward any recommended finding to the local department where the child abuse or neglect is alleged to have occurred; and

(vii) Provide services if appropriate to the alleged victim, and the alleged victim's family and household; and

(d) If a local department receives a request from another local department pursuant to §D of this regulation, the local department to which a report has been referred is responsible for the investigation in accordance with §J(1)(a)-(c) of this regulation and forwarding a recommended finding to the referring local department.

(2) Alternative Response.

(a) If the local department where the child abuse or neglect is alleged to have occurred determines that an alternative response is appropriate, the local department in the jurisdiction where the child resides shall conduct the alternative response.

(b) The local department conducting an alternative response is responsible for completing the assessment under Regulation .14 of this chapter.

(c) If the local department conducting the alternative response assessment becomes aware of a mandatory disqualifying factor, that local department shall immediately contact the local department where the child abuse or neglect is alleged to have occurred to discuss the new information.

K. CPS Responses Across State Lines.

(1) If a local department receives a report of alleged child abuse or neglect that occurred in another State, the local department shall:

(a) Directly contact the agency responsible for the investigation or assessments of such reports in the state and jurisdiction where the maltreatment is alleged to have occurred; and

(b) Request that the reporter also contact the appropriate agency in the other jurisdiction.

(2) If the alleged victim resides or is in Maryland, the local department shall:

(a) Interview the child to assess the child's safety; and

(b) Offer services to the child and the child's family.

(3) The local department shall cooperate to the extent requested with the agency investigating or assessing the report in a timely manner.

Md. Code Regs. 07.02.07.06

Regulations .06 adopted effective October 1, 1994 (21:19 Md. R. 1630)
Regulation .06 amended effective November 19, 2007 (34:23 Md. R. 2025); February 20, 2012 (39:3 Md. R. 258); adopted effective 44:12 Md. R. 586, eff. 6/19/2017; amended effective 47:18 Md. R. 824, eff. 9/7/2020